3301-34-01 Definitions
The following terms are defined as they are
used in this chapter
(A) "Certified Teacher" means a person who holds a valid Ohio teaching
certificate, excluding the certificate issued under section 3301.071 of the
revised code.
(B) "Home Education" means education primarily directed and provided by the
parent or guardian of a child under section 3321.04 (A) (2) of the revised
code which child is of compulsory school age and is not enrolled in a
nonpublic school.
(C) "Parent" means a parent, guardian or other person having charge or care
of a child as defined by section 3321.01 of the revised code.
(D) "School District of Residence" means the public school district within
which the parent resides.
(E) "Superintendent" means the Superintendent of schools of the city, county
or exempted village school district in which the parent resides.
3301-34-02 Statement of Purpose
The purpose of the rules in this chapter is to prescribe conditions
governing the issuance of excuses from school attendance under section
3321.04 of the revised code, to provide for the consistent application
thereof throughout the state by superintendents, and to safeguard the
primary right of parents to provide the education for their child(ren). Home
education must be in accordance with the law.
3301-34-03 Notification
(A) A parent who elects to provide home education shall supply the following
information to the superintendent.
School year for which notification is made;
Name of parent, address and telephone number (Telephone number optional);
Name, address and telephone number (telephone number optional) of person(s)
who will be teaching the child subjects set forth in paragraph (A) (5) of
this rule, if other than the parent;
Full name and birthdate of child to be educated at home;
Assurance that home education will include the following, except that home
education shall not be required to include any concept, topic, or practice
that is in conflict with the sincerely held religious beliefs of the parent:
Language, Reading, Spelling, and Writing;
Geography, History of the United States and Ohio; and National State and
Local Government;
Mathematics;
Science;
Health;
Physical Education;
Fine Arts, Including Music and
First Aid, Safety and Fire Prevention
Brief outline of the intended curriculum for the current year. Such outline
is for informational purposes only.
List of textbooks, correspondence courses, commercial curricula, or other
basic teaching materials that the parent intends to use for home education.
Such list is for informational purposes only.
Assurance that the child will be provided a minimum of nine hundred hours of
home education each school year.
Assurance that the home teacher has one of the following qualifications: A
high school diploma;
the certificate of high school equivalence;
Standardized test scores that demonstrate high school equivalence;
Other equivalent credential found appropriate by the superintendent
Lacking the above, the home teacher must work under the direction of a
person holding a baccalaureate degree from a recognized college until the
child's or children's test results demonstrate reasonable proficiency or
until the home teacher obtains a high school diploma or the certificate of a
high school equivalence.
The parent(s) shall affirm the information supplied with his or her
signature prior to providing it to the superintendent.
(B) The information required in paragraph (A) of this rule may be provided
on a form prescribed by the superintendent of public instruction.
(C) The superintendent shall review the information submitted within
fourteen calendar days of receipt thereof and shall determine if it is in
compliance with the provisions of paragraph (A) of this rule.
If the superintendent, upon review of the information, determines that it is
in compliance with all requirements set forth in paragraph (A) of this rule,
the superintendent shall notify the parent(s) in writing that the child is
excused from school attendance for the remainder of the current school year.
If the superintendent, upon review of the information, determines that it is
not in compliance with all of the requirements set forth in paragraph (A) of
this rule, the superintendent shall state in writing the specific respects
in which the information is incomplete. The superintendent shall provide the
parent an option within fourteen calendar days, to: Supply additional
information in writing, or
Arrange a conference at which the requested information can be supplied.
(D) If the additional information supplied either in writing or in
conference is not in accordance with the requirements set forth in paragraph
(A) of this rule; or notwithstanding the fact that the parent has complied
with the provisions of this rule, if the superintendent has substantial
evidence that the minimum educational requirements of paragraph (A) of this
rule will not be met, the superintendent shall declare his or her intent to
deny the excuse.
The superintendent shall so notify the parent(s) in writing within fourteen
calendar days, stating: The reason(s) for the intent to deny the excuse, and
The right to a due process hearing before the superintendent on the reasons
set forth.
If a due process hearing before the superintendent is held, the
superintendent shall be responsible for providing a record of the
proceedings, including oral testimony of witnesses and any documentary
evidence referred to in the hearing.
Based on the evidence presented at the hearing, the superintendent may grant
or deny an excuse from attendance. If the excuse from attendance is denied,
the superintendent shall notify the parent(s): That the parent(s) has the
right to appeal the superintendent's decision to the juvenile judge of the
county, within ten calendar days, in accordance with section 3331.08 of the
revised code; and
That the parent(s) may be in violation of sections 3321.03 of the revised
code.
(E) The superintendent shall file in his office a copy of the information
supplied; a copy of the excuse, if any; papers showing how the qualification
of the person instructing the child was determined; and all other documents
relating to the information and the actions thereon.
(F) Upon transfer from a district in which the child has been excused from
compulsory school attendance for the purpose of home education, the last
district of residence shall, upon the request of the parent(s), forward to
the new district of residence a copy of the information supplied and related
documents.
(G) At the request of a parent, a child who has been excused from compulsory
school attendance for the purpose of home education may be enrolled in a
chartered public school in the school district of residence as determined
under section 3313.64 of the revised code on a part-time basis.
(H) Upon substantial evidence of cessation of home education in accordance
with this charter, the superintendent shall notify the parent(s) of the
intent to revoke the excuse from attendance and the parent's right to a due
process hearing pursuant to paragraph (D) of this rule. If, after the due
process hearing, the excuse is withdrawn, the superintendent shall notify
the parent(s) in writing to enroll the child in a school that is compliance
with chapter 3301-35 of the administrative code. The superintendent shall
also notify the parent(s) in writing that the parent(s) has the right to
appeal the superintendent's decision to the juvenile judge of the county,
within ten calendar days, in accordance with section 3331.08 of the revised
code.
3301-34-04 Academic Assessment
(A) the parents shall send to the superintendent an academic assessment
report of the child for the previous school year at the time of supplying
subsequent notification.
(B) The academic assessment report shall include one of the following:
Results of a nationally normed, standardized achievement test which meets
requirements set forth in rule 3301-1202 of the administrative code. Such
test shall be administered by: A certified teacher; or
Another person mutually agreed upon by the parent(s) and the superintendent;
or
A person duly authorized by the publisher of the test.
Results should demonstrate reasonable proficiency as compared to other
children in the district at the same grade level. Any child that has a
composite score at or above the twenty-fifth percentile shall be deemed to
be performing at a level or reasonable proficiency.
A written narrative indicating that a portfolio of samples of the child's
work has been reviewed and that the child's academic progress for the year
is in accordance with the child's abilities. The written narrative shall be
prepared by: A certified teacher; or
Other person mutually agreed upon by the parent(s) and the superintendent.
The parent(s) shall be responsible for the payment of fees charged for
preparation of the narrative.
An alternative academic assessment of the child's proficiency mutually
agreed upon by the parent and the superintendent.
(C) If the parent(s) chooses to have the standardized testing conducted as
part of the school district scheduled testing program, there shall be no
cost cost to the parent(s). The time and location for testing shall be
established by the local school district.
(D) If the parent(s) chooses to have the standardized testing conducted
privately, the parent(s) shall pay for the testing. The time and location
for testing shall be established by the parent(s).
3301-34-05 Remediation
(A) If the annual academic assessment indicates that the child is not
demonstrating reasonable proficiency, the superintendent shall notify the
parent(s) in writing that an appropriate plan for remediation shall be
submitted by the parent(s) to the superintendent within thirty days after
receipt of such notification.
(B) During remediation the parent(s) shall submit a quarterly report to the
superintendent which includes:
A written narrative evaluating the child's progress, including an
explanation if the child has made less than satisfactory progress in any
subject; and
An explanation if less than the intended curriculum planned for the quarter
was covered.
(C) Remediation may be eliminated at any time during the year upon
determination by the superintendent that the child is demonstrating
reasonable proficiency. At the time of such determination, the
superintendent shall notify the parent(s) in writing that remediation is no
longer needed.
(D) If the child does not demonstrate reasonable progress during
remediation, the superintendent may, subsequent to a due process hearing,
under paragraph (D) of rule 3301-34-03 of the administrative code, if
requested by the parent, revoke the child's excuse from attendance and
notify the parent(s) in writing to enroll the child within thirty calendar
days in a school that is in compliance with chapter 3301-35 of the
administrative code. The superintendent shall also notify the parent(s) in
writing that the parent(s) has the right to appeal the superintendent's
decision to the juvenile judge of the county, within ten calendar days, in
accordance with section 3331.08 of the revised code.
3301-34-06 Placement in School
The school district of residence enroll or reenroll a child who has been
home educated without discrimination or prejudice. The superintendent shall
determine the appropriate placement of such child in accordance with section
3319.01 of the revised code. In making the placement decision, the
superintendent shall consider:
The child's most recent annual academic assessment report;
Requiring the child to take any or all of the nationally normed,
standardized achievement tests that are regularly scheduled for district
pupils of similar age; and
Other evaluation information that may include interviews with the child
and/or parent(s).
Promulgated Under: Chapter 119
Rule Authorized By: R.C. 3321.04
Rule Amplifies: R.C. 3321.04
